trademark question

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  • AdultGuy
    Confirmed User
    • Feb 2012
    • 145

    #1

    trademark question

    I registered a domain which was free com domain and searched in google and found that someone do some emulators for games under that name,

    so i checked trademark database and it was not there, now would you use that domain name?
  • AdultKing
    Raise Your Weapon
    • Jun 2003
    • 15601

    #2
    In many jurisdictions it is not necessary to register a trademark, if someone else is carrying on business using the name, or uses it as a brand mark or similar and they can demonstrate that you registered it in bad faith then you could have issues.

    Comment

    • V_RocKs
      Damn Right I Kiss Ass!
      • Nov 2003
      • 32449

      #3
      Your English is fucked up...

      The name of my company is the same as a few other companies both in the US and abroad. I use the .net TLD for my company. I have had various companies try to take it from me. None of them have succeeded since I don't compete with them in their industries. I also use the domain for reselling hosting which fits in with the .net TLD.

      Comment

      • nextri
        Confirmed User
        • May 2004
        • 1661

        #4
        Depends on wether you intend to use it in the same industry as they do, and wether or not you intend to confuse people with it.
        Wether or not it's a registered trademark doesn't matter though. they can still sue you if you use the domain in a way that can make people think it's related to their business in any way.
        DivaTraffic - Traffic for Models

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        • Stephen
          Consigliere
          • Feb 2003
          • 1771

          #5
          many / most domain names, especially those with decent generic keywords in them cannot be trademarked as they are "descriptive" rather than unique terms, i.e.: InternetSearchEngine.com = no Google.com = yes

          Comment

          • Barry-xlovecam
            It's 42
            • Jun 2010
            • 18083

            #6
            Carefully.

            There are different jurisdictions and rules -- WIPO is the most common used as it is arbitration that the terms of domain name registration are subject to by many registry agreements with ICANN.

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